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U.S. Code as of:
01/19/04
Section 564g. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within four
years from August 13, 1954, to each member of the tribe
unrestricted control of funds or other personal property held in
trust for such member by the United States.
(b) Removal of restrictions on sales or encumbrances; fee simple
title
All restrictions on the sale or encumbrance of trust or
restricted interests in land, wherever located, owned by members of
the tribe (including allottees, purchasers, heirs, and devisees,
either adult or minor), and on trust or restricted interests in
land within the Klamath Indian Reservation, regardless of
ownership, are removed four years after August 13, 1954, and the
patents or deeds under which titles are then held shall pass the
titles in fee simple, subject to any valid encumbrances. The titles
to all interests in trust or restricted land acquired by members of
the tribe by devise or inheritance four years or more after August
13, 1954, shall vest in such members in fee simple, subject to any
valid encumbrance.
(c) Multiple land ownership; partition; sale; election to purchase;
unlocated owners
Prior to the time provided in subsection (b) of this section for
the removal of restrictions on land owned by one or by more than
one member of a tribe, the Secretary may -
(1) upon request of any of the owners, partition the land and
issue to each owner a patent or deed for his individual share
that shall become unrestricted four years from August 13, 1954;
(2) upon request of any of the owners, and a finding by the
Secretary that partition of all or any part of the land is not
practicable, cause all or any part of the land to be sold at not
less than the appraised value thereof and distribute the proceeds
of sale to the owners: Provided, That any one or more of the
owners may elect before a sale to purchase the other interests in
the land at not less than the appraised value thereof, and the
purchaser shall receive an unrestricted patent or deed to the
land; and
(3) if the whereabouts of none of the owners can be
ascertained, cause such lands to be sold and deposit the proceeds
of sale in the Treasury of the United States for safekeeping.
(d) Approval of exchanges or sales by Secretary
The Secretary is authorized to approve -
(1) the exchange of trust or restricted land between the tribe
and any of its members;
(2) the sale by the tribe of tribal property to individual
members of the tribe; and
(3) the exchange of tribal property for real property in fee
status. Title to all real property included in any sale or
exchange as provided in this subsection shall be conveyed in fee
simple.
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